Last Will and Testament
Facing the thought of death is a sobering fact, and many people delay putting their final wishes in writing because it feels too overwhelming or they feel they have time. When an individual dies without a last will and testament in Tennessee, the decisions regarding estate division no longer reflect the wishes of the deceased but are governed by the courts. Protecting your family utilizing the Tennessee will and estate planning process is one of the most compassionate decisions you can make.
Tennessee Last Will and Testament Requirements
Tennessee has no requirements that an individual create a will. However, as mentioned, the beneficiaries of an estate will have no say in how assets are divided and must follow Tennessee’s intestacy laws (Pg. 23). The requirements to create a will in Tennessee include:
- The individual must be age 18 or older
- The person must be of sound mind
A hard copy of the document should be created. There are multiple avenues to finalize a last will and testament. Oral wills are accepted under minimal circumstances and must meet specific criteria defined by law (§32-1-106).
Finalizing a Last Will and Testament in Tennessee
Two witnesses must watch you sign the document you declare as your will. Next, the two witnesses are required to sign the document in front of you. Having witnesses that do not benefit (§32-1-103) from the will is recommended.
Notarizing a Tennessee last will and testament is not required unless you self-prove the document (§32-2-10). Signing a will in front of a notary provides for a more efficient process that does not require the two witnesses to be contacted during the probate process but only to sign an affidavit before the notary.
Choosing to name an executor in a will allows for the document to be executed as specified. When no one is named for the duty, the courts will appoint someone. Deciding to select an executor ensures the completion and finalization of the process.
Changes to a Will are Permitted
Individuals may be hesitant to make a will should they choose to make changes down the road. Changing a will is allowed. And they can be easily revoked. Consider changes to a will when:
- Marriage or divorce occurs
- Children are added to the family
- The death of a benefactor occurs
Until the creator of the will dies, changes can be made. It is far better to create a will and make changes as needed than to die without a will. Mt. Juliet’s wills and estate planning can be addressed simply with the trusted guidance of The Law Offices of Christopher Eads. Our goal is to answer your questions and provide reassurance in the decision-making process of creating a will while removing the guesswork.
Reasons You Need a Tennessee Last Will and Testament
Protecting your family and ensuring your final wishes is a critical reason for creating a will. Never leave these vital decisions to someone else. A will can:
- Designate a personal guardian for minor children
- Name a manager of your property when the best interests of minor children are at stake
- Distribute assets as you wish
- Designate an executor
The decisions made in a last will and testament can create a more stable time for your loved ones, removing the uncertainty and overwhelm. Mt. Juliet’s last will and testament attorneys can help you get started protecting the future of your family. Schedule your free consultation now.
